DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feng et al. (U.S. 2023/0048551).
Regarding claim 1, Feng discloses:
An apparatus comprising:
a frac pump 9, 2-11 (see paragraphs 0057 and 0058)
a lubricating system (Figure 7), the lubricating system (Figure 7) in fluid connection with the frac pump 9, 2-11 (see paragraph 0061, 0062, 0077, 0079)
the lubricating system (Figure 7) including:
a lubricating oil tank 2-30 (see paragraph 0081)
a lubricating oil pump (2-43) in fluidic connection with the lubricating oil tank 2-30 (see Figure 7; see paragraph 0106)
a directional valve (2-48), the directional valve (2-48) in fluidic connection to the lubricating oil pump (2-43) and the frac pump 2-11 (see Figure 7; see paragraph 0012)
a sequence valve (2-41), the sequence valve (2-41) in fluidic connection to the directional valve (2-48) and the lubricating oil tank 2-30 (see Figure 7; see paragraph 0103)
Regarding claim 2, Feng discloses:
a manifold (2-40), wherein the directional valve (2-48) and the sequence valve (2-41) are part of the manifold 2-40
Regarding claim 3, Feng discloses:
a temperature sensor (2-46), the temperature sensor (2-46) in direct or indirect fluidic connection with the lubricating oil tank 2-30 (see paragraph 0106; see Figure 7)
a controller (2-45), the controller (2-45) in electrical connection with the temperature sensor (2-46) and the directional valve 2-48 (see paragraph 0106)
Regarding claim 4, Feng discloses:
wherein the temperature sensor (2-46) and controller (2-45) are combined into a temperature switch (see paragraph 0106)
Regarding claim 5, Feng discloses:
a relief valve (2-29), the relief valve (2-29) in fluidic connection with the lubricating oil tank (2-30) and the frac pump 9, 2-11 (see Figure 7; see paragraph 0092)
Regarding claim 7, Feng discloses:
A method comprising:
determining a temperature of a lubricating oil (see paragraph 0111)
pumping the lubricating oil from a lubricating oil tank (2-30) to a directional valve 2-48
selecting a first position of a directional valve (2-48) if the temperature of the lubricating oil is above a preset temperature (see paragraph 0112)
allowing the lubricating oil to flow over a sequence valve (2-41) to heat the lubricating oil (see paragraph 0111)
flowing the lubricating oil to the lubricating oil tank 2-30 (see Figure 7; see paragraph 0111)
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeung et al. (U.S. Patent No. 11,208,983).
Regarding claim 1, Yeung discloses:
An apparatus comprising:
a frac pump 14 (Col. 5, lines 43-67)
a system (124), the system (124) in fluid connection with the frac pump 14 (see Figure 1; 124 is part of 34)
the system (124) including: (Col. 13, lines 36-47)
a tank 126 (see Figure 7; Col. 13, lines 36-64)
a pump (128) in fluidic connection with the tank 126 (Col. 13, lines 36-64)
a directional valve (134), the directional valve (134) in fluidic connection to the pump (128) and the frac pump 14 (Col. 13, lines 36-64)
a sequence valve (132), the sequence valve (132) in fluidic connection to the directional valve (134) and the tank 126 (Col. 13, lines 36-64)
Further regarding the limitation of lubricating oil, MPEP 2115 states the material or article worked upon does not limit apparatus claims.
Regarding claim 6, Yeung discloses:
wherein the directional valve (134) is a two position four way directional valve (see Figure 7)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng in view of Shan et al. (U.S. 2010/0197540).
Regarding claim 8, Feng discloses the invention as essentially claimed, but fails to disclose before the step of determining the temperature: pre-treating the lubricating oil with an anti-foam additive.
Shan teaches a viscosity index improver for lubricants, wherein a lubricating is treated with anti-foam (see paragraph 0127).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Feng to provide before the step of determining the temperature: pre-treating the lubricating oil with an anti-foam additive. Doing so would break up foams in the oil (see paragraph 0127), as recognized by Shan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi et al. (U.S. 2022/0359242) discloses a temperature control system comprising a pump, valve, temperature sensor, and controller.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Craig Schneider can be reached at (571)-272-3607 or Kenneth Rinehart can be reached at 571-272-4881.. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KELSEY E CARY/Primary Examiner, Art Unit 3753